UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER 

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE: 3/11/2011

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

 

 

SEARCH OF OFFICE RECORDS

 

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

 

IDENTIFICATIONS OF GOODS AND SERVICES

 

Class 10

 

The identification of goods for Class 10 must be amended because it is unacceptable as indefinite.  See TMEP §1402.01.  Because the phrasing in this identification is so wide ranging and expansive, the recommended amendments will be broken down in different phrases.  Applicant may adopt the following format in amending the identification, if accurate: 

 

“APPARATUS AND SYSTEMS FOR USE IN MEDICAL TECHNOLOGY, namely, FOR USE IN OPERATING THEATRES, INTENSIVE CARE STATIONS, IN THE FIELD OF DIAGNOSTICS AND THERAPY, IN DOCTOR'S PRACTICES AND IN PATIENT ROOMS, NAMELY,” should be amended to “medical technical apparatus and systems for use in operating theatres, intensive care units, medical practices, hospital patient rooms, and in the field of  diagnosis and therapy, namely,

 

“HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS,” should be amended to describe the nature of the “pendant systems” such as whether they are furniture, equipment, etc.

 

“EXISTING OF EXTENSION ARMS, MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL, DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING” should be amended to “consisting of extension arms, motorized arms and spring arms; wall, floor and ceiling mounts for use in connecting ________ [describe what is meant by “elements”] to ____________ [replace “carry end devices” with the common commercial names of the goods], yokes for operating room lights, brackets for flat screen monitors, electricity and gas service heads for providing electricity and gas to medical equipment, and medical, diagnostic and surgical apparatus in the nature of lights, _______ [describe the type] screens, examination lights, camera systems, X-ray apparatus in the nature of protective screens, and electricity and gas heat emitters and service headers” 

 

Applicant should note that the precise nature of these goods is unclear.  If these goods are in the nature of a medical device or medical equipment, they may be classified in Class 10.

 

An applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq. 

 

 

Class 11

 

The identification of goods for Class 11 must be clarified because it is unacceptable as indefinite.  See TMEP §1402.01.  Applicant may adopt the following format in amending the identification, if accurate: 

 

“APPARATUS AND SYSTEMS FOR THE CARRYING, POSITIONING AND/OR SUPPLYING, WITH ELECTRICITY, GAS OR WATER,TECHNICAL MEDICAL, DIAGNOSTIC, SURGICAL OR TECHNICAL HAIRDRESSING APPARATUS, INCLUDING LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS, MONITORS AND CONSOLES FOR GAS AND ELECTRICITY SUPPLYING, NAMELY, HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS, EXISTING OF EXTENSION ARMS,MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING; BRACKET SYSTEMS AND CEILING SUPPLY UNITS FOR THE CARRYING, POSITIONING AND/OR SUPPLYING OF TECHNICAL MEDICAL, DIAGNOSTIC, SURGICAL OR TECHNICAL HAIRDRESSING APPARATUS, NAMELY, HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS, EXISTING OF EXTENSION ARMS, MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING; SPRING ARMS, TRIPODS AND SPRING-ARM SYSTEMS, INCLUDING FLOOR, WALL OR CEILING SYSTEMS, FOR THE CARRYING, POSITIONING AND/OR SUPPLYING OF TECHNICAL, MEDICAL, DIAGNOSTIC, SURGICAL OR TECHNICAL HAIRDRESSING APPARATUS, NAMELY, HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS, EXISTING OF EXTENSION ARMS, MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING; BRACKETS AND HORIZONTALLY MOVING BROOMS, INCLUDING THOSE WITH HEIGHT-ADJUSTABLE SPRING ARMS AND MOTOR ARMS, FOR TECHNICAL MEDICAL, DIAGNOSTIC, SURGICAL OR TECHNICAL HAIRDRESSING APPARATUS, NAMELY, HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS, EXISTING OF EXTENSION ARMS, MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING;” is duplicative of the identification of goods for Class 10.  If these goods are, in fact, medical devices and equipment they would likely be classified in Class 10 as outlined above.  If this is equipment for a hair dressing salon, it should be identified as such and each of these items must be broken out and identified by its common commercial name and intended use.  To the extent that the goods are “hair dressing equipment” then the references to the component of the systems that identify medical equipment, surgical equipment, X-ray equipment, diagnostic apparatus, examination lights, operating room equipment, and the like must be deleted.  As explained in the identification of goods for Class 10, the wording ‘horizontally and vertically moveable pendant systems” must be amended to describe what is meant by “pendant systems” – what the precise nature of the “systems’ is.

 

“YOKES TO CARRY LIGHTS, BRACKETS TO CARRY MONITORS, UNIVERSAL ADAPTORS TO CARRY SEVERAL END DEVICES, MONITOR/CEILING SYSTEMS TO CARRY MONITORS;” “Yokes” and “brackets” should be amended to indicate whether they are metal or non-metal.  If they are metal yokes for holding electric lights, they would be classified in Class 6.  “Non-metal yokes for holding lights” would be classified in Class 20.  “Metal brackets for monitors” would be in class 6 and “non-metal brackets for monitors” would be in Class 20.  “Universal adaptors to carry several end devices” must be amended to describe what is meant by “end devices”   If the “adaptors” refer to ‘plug adaptors” they should be identified as “universal plug adaptors” and would be classified in Class 9.  “Monitor/ceiling systems to carry monitors” should be amended to describe the components of the systems by their material composition [such as whether they are metal on non-metal] and their intended use.  The principal components of the systems should be identified as such and listed first in the amended wording.  If the word “carry” refers to “holding” or “attaching,” or “affixing” it should be amended.

 

“HAND TOOLS, NAMELY, EQUIPMENT CLAMPS FOR HOLDING MONITORS;” should be amended to ‘Hand tools, namely, clamps for holding monitors” and classified in Class 7;

 

“HAIR DRYERS; HAIR DRYING HOODS;” should be amended to “hair dryers and Hair dryers containing hoods or bonnets” and classified in Class 11;

 

“INFRARED HAIR DRYING DEVICES; “ should be amended to “Hair drying machines for beauty salon use in the nature of infrared hair drying devices” and classified in Class 11;

 

“ELECTRIC HAIR CURLING TONGS” should be amended to “Electric hair curling tongs” and classified in Class 9.

 

An applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq. 

 

 

Class 37

 

The identification of services for Class 37 must be amended because certain of the wording is unacceptable as indefinite.  See TMEP §1402.01.  Applicant may adopt the following format in amending the identification, if accurate: 

 

“INSTALLATION, MAINTENANCE AND REPAIR OF AND CONSULTING SERVICES IN THE FIELD OF THE INSTALLATION, MAINTENANCE AND REPAIR OF HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS, EXISTING OF EXTENSION ARMS, MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING” should be amended so that the nature of the equipment that is the subject of the service is clarified as outlined in the recommended amendments to Class 10.  Further, “existing” should be amended to “consisting.”

 

“INSTALLATION, MAINTENANCE AND REPAIR OF AND CONSULTING SERVICES IN THE FIELD OF THE INSTALLATION, MAINTENANCE AND REPAIR OF ELECTRIC HAIR SHEARING MACHINES, HAIR SHEARING MACHINES FOR ANIMALS, HAIR CUTTING SCISSORS, ELECTRIC AND BATTERY OPERATED HAIR CLIPPERS, AND TRIMMER AND RAZORS, HAIR DRYERS, HAIR CUTTING SCISSORS, ELECTRIC HAIR CURLING IRONS, ELECTRIC HAIR CRIMPERS, ELECTRIC AND NON-ELECTRIC RAZORS, HAIR DRYING HOODS, INFRARED HAIR DRYING DEVICES, ELECTRIC HAIR CURLING TONGS” is acceptable;

 

“INSTALLATION, MAINTENANCE AND REPAIR OF TAPING MACHINES, WINDING MACHINES, BUNDLING MACHINES, SPOT TAPING MACHINES, INSULATING MACHINES, TAPE AND FOIL DISPENSING MACHINES, LABEL DISPENSING MACHINES, CUTTING MACHINES, TUBE FORMING MACHINES AND …. should be amended so that the nature of the machines being installed, repaired and maintained is more specific:  The “taping machines” should be amended to describe the type of “taping machines,” such as “taping machines, namely, adhesive tape dispensing machines.”  It “taping machines” refers to “electronic instruments for use in the manufacturing of electronic devices, namely precision taping machines which are used to facilitate pick and placement operations” they should be identified as such.  “Winding machines” should be amended to describe what is being wound – such as tape winding machines, plastic film winding machines, yarn winding machines, etc. “Bundling machines” should be amended to describe the nature of the products being bundled – such as silk yarn bundling machines, packaging machines in the nature of bundling machines, etc. “Spot taping machines” should be amended to describe what is meant by “spot taping.”  “Insulating machines” should be amended to describe the nature of what is being insulated.  “Tape and foil dispensing machines” should be amended to “Adhesive tape and _________ [describe the nature of the “foil”] machines.  “Label dispensing  machines” is acceptable.  “Cutting machines” is acceptable.  “Tube forming machines” is acceptable.

 

“CONSULTING SERVICES IN THE FIELD OF HARNESS PRODUCTION AND TAPE PROCESSING;” The consulting services will be classified according to the nature eof what is meant by “harness production” and tape processing.”  Applicant must amend “harness production” to identify what the “harnesses” by their common commercial names and to clarify what is meant by “production.”  If this refers to a business service, it should be identified as “business consulting in the field of the ___________ [identify “harness” by its common commercial name] manufacturing” and would be classified in Class 35.  “Tape processing” should be amended to describe the type of “tape” by its material composition and intended use.  “Processing” should be amended to describe the type of “processing.”  If this refers to material processing, the services will likely be classified in Class 40.

 

“MAINTENANCE AND REPAIR OF HORIZONTALLY AND VERTICALLY MOVEABLE PENDANT SYSTEMS, EXISTING OF EXTENSION ARMS, MOTORIZED ARMS AND SPRING ARMS, INCLUDING WALL, FLOOR AND CEILING MOUNTS, CONNECTING ELEMENTS TO CARRY END DEVICES SUCH AS YOKES FOR OPERATING ROOM LIGHTS OR BRACKETS FOR FLAT SCREEN MONITORS, SERVICE HEADS FOR PROVIDING ELECTRICITY AND GAS NEEDED IN THE MEDICAL FIELD AND FOR HOLDING MEDICAL EQUIPMENT FOR THE PURPOSE OF CARRYING, POSITIONING AND/OR SUPPLYING WITH ELECTRICITY OR GAS, TECHNICAL, MEDICAL DIAGNOSTIC OR SURGICAL APPARATUS SUCH AS LIGHTS, SCREENS, EXAMINATION LIGHTS, CAMERA SYSTEMS, X-RAY PROTECTION SCREENS, HEAT EMITTERS AND SERVICE HEADS FOR GAS AND ELECTRICAL SUPPLYING” should be deleted because all of these services are included in the first series of services listed in Class 37 above (INSTALLATION, MAINTENANCE AND REPAIR……);

 

“MAINTENANCE AND REPAIR OF HAIRDRESSING APPLIANCES AND INSTRUMENTS AND ANIMAL SHEARING MACHINES AND INSTRUMENTS;” is acceptable

 

“MAINTENANCE AND REPAIR OF MACHINES FOR THE BUNDLING, WRAPPING, LABELING, AND/OR INSULATING OF CABLES AND CABLE HARNESSES, NAMELY, INSTALLATION, MAINTENANCE AND REPAIR OF TAPING MACHINES, WINDING MACHINES, BUNDLING MACHINES, SPOT TAPING MACHINES, INSULATING MACHINES, TAPE AND FOIL DISPENSING MACHINES, LABEL DISPENSING MACHINES, HOODS, INFRARED HAIR DRYING DEVICES, ELECTRIC HAIR CURLING TONGS” is acceptable but “HOODS,” should be amended to “hair dryers containing hoods or bonnets.”

 “CONSULTING SERVICES IN THE FIELD OF HARNESS PRODUCTION AND TAPE PROCESSING” is duplicative and should be deleted.

 

An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

 

Class 42

 

The identification of services for Class 42 must be amended so that “existing” is amended to “consisting” in both instances.  See TMEP §1402.01. 

 

An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq

 

 

REQUIREMENTS IF CLASS(ES) ADDED

 

If applicant adds any classes to this application, then applicant must meet all of the requirements below for those international classes based on a foreign registration under Section 44(e):

 

(1)        LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS:  Applicant must list the goods and/or services by international class; and

 

(2)        PROVIDE FEES FOR ALL INTERNATIONAL CLASSES:  Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

 

COPY OF FOREIGN REGISTRATION REQUIRED

 

Applicant asserts Trademark Act Section 44(d) as the sole basis for the application.  See 15 U.S.C. §1126(d).  Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to the applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until applicant has procured a copy of the foreign registration (and English translation, as appropriate).  TMEP §§716.02(b), 1003.04(a).

 

If applicant cannot satisfy the requirements of the Section 44(e) filing basis, applicant may respond by requesting to amend the basis for registration from Section 44(e) to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis.  See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03.

 

 

RESPONSE GUIDELINES

 

There is no required format or form for responding to an Office action.  The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html.  However, if applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following information:  (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the mailing date of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

 

The response should address each refusal and/or requirement raised in the Office action.  If a refusal has issued, applicant can argue against the refusal; i.e., applicant can submit arguments and evidence as to why the refusal should be withdrawn and the mark should register.  To respond to requirements, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record. 

 

The response must be personally signed or the electronic signature manually entered by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants).  TMEP §§605.02, 712.

 

Applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the mailing date of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

 

Applicant should provide a current telephone number with its response to expedite processing.  TMEP §302.03(a).

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

 

 

/Paul e. fahrenkopf/

Paul E. Fahrenkopf

Trademark Examining Attorney

Law Office 101

571-272-8264

 

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  If TARR shows no change for more than six months, call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

 

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 3/11/2011 FOR

SERIAL NO. 85189278

 

Please follow the instructions below to continue the prosecution of your application:

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 3/11/2011 (or sooner if specified in the office action).

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

 

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.